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Samuel II, Attorney at Law

Category: Family Law

Satisfied Customers: 27009

Experience: General practice of law with emphasis in family law.

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My two brothers made themselves the POA care decisions on my

Customer Question

My two brothers made themselves the POA for health care decisions on my Mom then are putting restrictions on when and where I can see her. I was the original POA for both my parents. She can't see but is very mentally alert. Don't the POA only take effect when the person is mentally uncapable of making rational decisions or not able to speak for themselves?

This is Samuel and I will discuss this and provide you information in this regard.

Yes, you are correct. The POA is only supposed to be effective if the Principal - Your Mother - is not able to make sound decisions on her own. If you feel your restrictions placed by your brothers is not your Mothers' wishes, and she is capable of making her own decisions, I suggest you contact your local Adult Protective Services and ask them to assist you as there is an abuse of authority.

You can call this number 1-***-***-**** and they should be able to give you local contact information.

This is Samuel and I will discuss this and provide you information in this regard.

Yes, you are correct. The POA is only supposed to be effective if the Principal - Your Mother - is not able to make sound decisions on her own. If you feel your restrictions placed by your brothers is not your Mothers' wishes, and she is capable of making her own decisions, I suggest you contact your local Adult Protective Services and ask them to assist you as there is an abuse of authority.

You can call this number 1-***-***-**** and they should be able to give you local contact information.